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HomeMy WebLinkAboutMinutes City Council - 02/26/1991MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING February 26, 1991 2 P.M. PRESENT Mayor Betty Turner Mayor Pro Tem Mary Rhodes Council Members: Cezar Galindo Leo Guerrero Tom Hunt Edward A. Martin Clif Moss Frank Schwing* Absent: Joe McComb City Manager Juan Garza Interim City Attorney James Bray City Secretary Armando Chapa Mayor Turner called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Keith Smith of First Baptist Church in Flour Bluff, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Guerrero. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Turner called for approval of the Minutes of the Regular Council Meeting of February 19, 1991, and Council Member Galindo noted a correction on Page 9. There being no further corrections or additions, she proclaimed them approved as amended. *Council Member Schwing entered the Council Chambers. * * * * * * * * * * * * * Mayor Turner recognized Mr. Ned Middleton Jr., Project Director of "Operation Safe City," who outlined various aspects of the program and expressed the need for continuing the program after this year which is the final year of the program. Afterwards, Mr. Charlie MICROFILMED Minutes Regular Council Meeting February 26, 1991 Page 2 Sedtal, President of the State Chapter of the World Safety Organization, presented a plaque to Mayor Turner for her contribution to the safety program. Mayor Turner called for petitions from the audience on matters not scheduled on the agenda. Mr. Jesse Hix, 2622 Segrest, commented on recycling and suggested that the city take the lead in the recycling effort by using recyclable products. Mr. Arthur Montalvo, 704 Atlantic, made suggestions in regard to revitalizing business on the North Side. Mr. Hal Wasson, 3101 Up River Road, attempted to speak on his platform for the upcoming General Election, and Mayor Turner noted that this was not a proper forum in which to address his political platform. Ms. Shirley Justus, 4030 Rehfeld, and Ms. Elizabeth Airheart, 441 Paloma, spoke on the composition of the Animal Control Advisory Committee and requested that it be amended as outlined in the handout to include representatives from the Corpus Christi Kennel Club, the Corpus Christi Obedience Club, and the Lost Pet Hotline. Mayor Turner recommended that all interested individuals submit resumes, thus enabling them to be considered for appointment to the committee. Mr. Tony Rangel, 1761 Yale, a shop owner on Port Avenue and Horne Road, expressed his dissatisfaction with the manner in which the construction has been conducted on Port Avenue and Horne Road. City Manager Garza, responding to a request from Mayor Turner, assured her that an update on the project would be provided prior to the close of the meeting. Mr. Dallas Franklin, 5210 Iroquios, remarked on several issues relative to the construction at Port Avenue and Horne Road. Council Member Hunt proposed requiring contractors to submit a completion time frame on certain types of construction projects. City Manager Garza stated that as a result of the Port and Horne Road Project, the internal procedures have been changed to ensure that commercial business owners are notified prior to the start of construction. Minutes Regular Council Meeting February 26, 1991 Page 3 Council Member Moss recommended that each contractor be required to submit a critical path schedule. Council Member Martin reopened the issue of the composition of the Animal Control Advisory Committee and explained that Ms. Justus and Ms. Airheart were requesting that the ordinance establishing the committee be amended; therefore, he requested a staff report on the matter. Referring to comments made by Mr. Jesse Hix, Council Member Martin requested a report detailing recycling practices the City has implemented within its departments. Mayor Turner called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 1 thru 6. A member of the audience requested that Item 2 be withheld for discussion, and Item 4 was withheld at the request of a Council Member. City Secretary Chapa polled the Council for their votes and the following were passed: 1. M91-042 Motion approving the purchase of a 50 H. P. tractor equipped with mower, disk harrows and auger in accordance with Bid Invitation No. BI -0101-91 from Gulf Tractor Company, Corpus Christi, Texas, based on low bid for the amount of $18,997. The tractor will be used by Solid Waste Services for maintenance at the landfills. This unit is listed in FY 90-91 Capital Outlay as an additional item. The foregoing motion passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Martin, Moss, and Schwing voting, "Aye"; Hunt absent at the time the vote was taken; and McComb absent. 3. M91-044 Motion authorizing the City Manager to submit an application for the Emergency Shelter Grant Program (ESG) and execute all related documents pertaining to the ESG Program. The foregoing motion passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Martin, Moss, and Schwing voting, "Aye"; Hunt absent at the time the vote was taken; and McComb absent. Minutes Regular Council Meeting February 26, 1991 Page 4 5. M91-046 Motion awarding a contract in the amount of $317,690 to Black Brothers Construction Company to construct improvements in J.D. Bock, Brighton, Holly, San Carlos, Sugar, and Oso Creek Parks. The foregoing motion passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Martin, Moss, and Schwing voting, "Aye"; Hunt absent at the time the vote was taken; and McComb absent. 6. SECOND READING AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT TO EXCHANGE PROPERTY USE REGARDING MARY GRETT SCHOOL AND JOHN JONES PARK FOR PUBLIC PURPOSES. The foregoing ordinance was passed on second reading by the following vote: Turner, Rhodes, Galindo, Guerrero, Martin, Moss, and Schwing voting, "Aye"; Hunt absent at the time the vote was taken; and McComb absent. Relative to Item 2, purchase of five 72" rotary mowers, Mr. Jimmy Till, 1265 Southern Minerals, commented that the City should buy larger, updated equipment and stated his willingness to serve as a consultant. Council Member Martin expressed concerns pertaining to Item 4, an amendment to the agreement with Goodwill Industries of South Texas. He questioned the appropriateness of amending the original agreement and formulated various alternatives for dealing with organizations who cannot fulfill their agreements for projects funded by CDBG funds. He and Mayor Turner questioned the organization's ability to operate the facility. City Manager Juan Garza and Mr. John Owen, President of Goodwill Industries, attempted to clarify what comprised the $162,000 raised by the organization as its one-to- one matching requirement as stated under the CDBG agreement. Mr. Olen assured the Council that the organization would be able to meet its operating costs. Mayor Pro Tem Rhodes expressed support for the amendment, but stressed the need for implementing a well-defined policy covering procedures for dealing with organizations who fail to comply with their agreements. Minutes Regular Council Meeting February 26, 1991 Page 5 The Council delayed a decision on Item 4 pending verification of the $162,000 raised by Goodwill Industries. City Secretary Chapa polled the Council for their votes and the following motion was passed: 2. M91-043 Motion approving the purchase of five 72" rotary mowers and four utility trailers in accordance with Bid Invitation No. BI -0075-91 from Turf & Irrigation, Corpus Christi, Texas based on low bid and best bid for a total of $37,266. One mower will be used by the Wastewater Department; four mowers and trailers will be used by the Park & Recreation Department. All items are included in the FY 90-91 Capital Outlay as replacement items. The foregoing motion passed by the following vote: Turner, Rhodes, Galindo, Hunt, Martin, Moss, and Schwing voting, "Aye"; Guerrero absent at the time the vote was taken; McComb absent. Mayor Turner called for consideration of Item 7, Amending the Code of Ordinances as it pertains to Public Utilities, Section 55-25 and 55-27. City Manager Garza recommended that Council pass the Ordinance with the proposed amendments as prepared by Interim City Attorney James Bray. He noted that the wording "the refund shall be through a credit in the customers account" has been deleted and stated that Council could direct him to refund the deposits by check or by credit. City Manager Garza responded to specific questions posed by Council Members concerning various aspects of the refunding policy. City Manager Garza proposed a contest in which citizens would be encouraged to submit their oldest receipt for deposit or oldest water or wastewater bill and the City would provide a prize such as a gas lamp. In response to a question posed by Council Member Martin, City Manager Garza clarified that under Section B of the Ordinance and based on Council's direction, he would instruct staff to begin refunding commercial deposits immediately. Council Member Schwing made a motion to amend the proposed ordinance amending Sections 55-25 and 55-27 of the Code as follows: (a) Substitute the following for the third paragraph from the end of Section 1: Effective August 1, 1991, deposits shall have Minutes Regular Council Meeting February 26, 1991 Page 6 been refunded, without interest, to individual residential customer accounts which, while served continuously during the preceding 12 months, were not disconnected and did not receive two delinquent bills, and which are not currently in arrears; and (b) substitute the following for the second paragraph from the end of Section P Effective August 1, 1991, deposits shall have been refunded, without interest, to individual commercial customer accounts which, while served continuously during the preceding 24 months, were not disconnected and did not receive two delinquent bills, and which are not currently in arrears; seconded by Council Member Moss and passed unanimously by those present and voting. A brief discussion ensued relative to the procedure followed in securing residential deposits. There were no comments from the audience. In response to Council Member Schwing's inquiry concerning reconnect fees, City Manager Garza related that based on the staffs survey findings, he would recommend maintaining the current $10 reconnect fee. Mayor Pro Tem Rhodes made a motion to amend the proposed ordinance amending Sections 55-25 and 55-27 of the City Code by adding the following paragraph at the end of Section 2: A customer shall claim refund of a deposit owned by the City no later than one year after termination of service to the account to which the deposit applies, thereafter, such deposit shall become City property; seconded by Council Member Guerrero and passed unanimously by those present and voting. City Secretary Chapa polled the Council for their votes and the following Ordinance passed on second reading as amended: 7. SECOND READING AMENDING THE CODE OF ORDINANCES, CHAPTER 55, UTILITIES, BY AMENDING SECTIONS 55-25 AND 55-27 The foregoing ordinance was passed on second reading as amended by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, Moss, Schwing voting, "Aye"; McComb absent. i t Y i i► i Y Y t i t t Mayor Turner opened the public hearing on the closure and abandonment of the south 150 feet of a north -south alley from Breakwater Avenue toward Bridgeport Avenue Minutes Regular Council Meeting February 26, 1991 Page 7 in Block 53, Brooklyn Addition, subject to applicant replatting the property within 180 days; payment of $10,500 as fair market value; and compliance with the specified conditions. No one spoke in regard to this closure. A motion was made by Council Member Guerrero to close the public hearing; seconded by Council Member Galindo; and passed unanimously by those present and voting. City Secretary Chapa polled the Council for their votes on the ordinance effecting the closure and it passed on first reading as follows: 8. FIRST READING CLOSING AND ABANDONING THE SOUTH 150 FEET OF A NORTH -SOUTH ALLEY FROM BREAKWATER AVENUE TOWARD BRIDGEPORT AVENUE WITHIN BROOKLYN ADDITION, BLOCK 53; SUBJECT TO THE PROVISIONS LISTED BELOW. The foregoing ordinance passed on first reading by the following vote: Turner, Galindo, Guerrero, Hunt, Martin, Moss, and Schwing voting, "Aye"; Rhodes absent at the time the vote was taken; McComb absent. Mayor Turner introduced Mr. Al Hardin with Aqua Park Inc. and Mr. Dennis Dolman who described the proposed miniature golf course to be built in the area where the alley is being closed and announced that the golf course would open in May. Bill Hennings, Director of Development Services, referenced various documents to verify that Goodwill Industries has raised $162,000 for the project and a brief discussion ensued. City Secretary Chapa polled the Council for their votes and the following motion was passed: 4. M91-045 Motion authorizing the City Manager to execute an amendment to the agreement with Goodwill Industries of South Texas, Inc. to reduce the size of the facility from approximately 6,600 S.F. to approximately 3,300 S.F. and to allow for an extension to begin construction. Minutes Regular Council Meeting February 26, 1991 Page 8 The foregoing motion passed by the following vote: Turner, Galindo, Guerrero, Hunt, and Schwing voting, "Aye"; Martin and Moss voting "No"; Rhodes absent at the time the vote was taken; McComb absent. ■ i f i t• i i i t t• f Mayor Turner called for discussion of legislation which is pending or may be proposed at the 72nd Texas Legislature. Victor Medina, Director of Public Utilities, briefed the Council on pending legislation on the State Plumbing Fixture Efficiency Standards which would require usage of low volume plumbing fixtures and recommended incorporating these changes into the City's conservation ordinance. Council Member Guerrero moved to concur with the aforementioned recommendation; seconded by Council Member Galindo and passed unanimously by those present and voting. Director Medina continued by commenting on the negotiations which have taken place related to water releases from the City of Corpus Christi's reservoirs. He recommended reducing the storage capacity levels required for implementation of Conditions II, III, and IV and stated that these recommendations would be presented to the Texas Water Commission for their consideration. Director Medina answered a series of specific questions posed by Council Member Moss. Council Member Rhodes requested a short written explanation on the Choke Canyon Dam situation. Council Member Martin requested a one-page synopsis of the water release issue, including the City's position and the Texas Water Commission's position on the matter. Tom Utter, Director of Public Works, reported on pending legislation regarding the sale of tires and urged Council to support HB 825 because it allows the City and/or County to adopt and collect a fee of one dollar for each tire sold with the funds collected to be used for cleanup and disposal of tires. Council Member Guerrero made a motion to support HB 825; seconded by Council Member Schwing and passed unanimously by those present and voting. Minutes Regular Council Meeting February 26, 1991 Page 9 Mayor Turner called for the City Manager's report. City Manager Garza reported that Fire Chief J. J. Adame had been called up to active duty in the reserves, and that First Assistant Fire Chief Irwin has been appointed to act in the Chiefs capacity during his absence. * * * * * * * * * * * * * Mayor Turner called for reports from the Council. Referring to the creation of the Regional Water Coordinator Position, Mayor Turner urged the City Manager to quickly establish this position. City Manager Garza explained the complexity of this position and inferred that more than one position may have to be created to adequately represent the region. Council Member Martin recommended that staff draft an interlocal agreement on the issue. City Manager Garza informed Council Member Martin that the school graduation issue would not be a problem this year, and that he would follow up with a written report on the matter. Council Member Galindo remarked on the vacant lot on Greenwood owned by the City and stated that the trees needed to be trimmed. Council Member Guerrero encouraged the staff to proceed with the rezoning needed on North Beach to accommodate future development projects. * * * * * * * * * * * * * Carl Crull, Director of Engineering, explained the problems which have been encountered on the Port and Horne Road construction project and stated that the construction company had advised him that the job would be completed in two or three weeks. Various options for expediting completion of the project were discussed. Council Member Galindo expressed reservations about the statement that the project would be completed within two or three weeks. Mr. Crull responded to various questions posed by Mr. Franklin. Following the exchange, Mayor Turner asked Mr. Crull to personally inspect the job site. Minutes Regular Council Meeting February 26, 1991 Page 10 Mr. Crull agreed to set up a morning meeting sometime this week with the business owners affected by the construction, as recommended by Council Member Martin. He stated that he would report back to the Council on this issue. s s a a s s s a s s s s s There being no additional business to come before the Council, Mayor Turner declared the Council Meeting adjourned at 3:40 p.m. on February 26, 1991. I HEREBY CERTIFY that the foregoing is a true and correct copy of the Minutes of the Regular Council Meeting of the City of Corpus Christi of February 26, 1991 which were approved by the City Council on March 5, 1991. WITNESSETH MY HAND AND SEAL, this the 26th day of April, 1991. An4t*-51 diet -- Armando Chapa City Secretary